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United States Sues Philadelphia Food Warehouse For Holding Food In Filthy Conditions

PHILADELPHIA, PA – The United States filed a lawsuit today in federal district court to stop Philadelphia food warehouse New Rich City Trading Corporation, as well as president and owner, Ms. Xiaoping Sun, and manager, Mr. Si Yan Chuen, from selling food that is held in filthy conditions, in violation of the Food Drug and Cosmetic Act. United States Attorney Zane David Memeger announced the filing of the civil complaint.

The Food Drug and Cosmetic Act prohibits companies and individuals from causing articles of food to become “adulterated” while held for sale after shipment of one or more of their components in interstate commerce. The Complaint alleges that United States Food and Drug Administration (“FDA”) inspections of the facility establish that food stored by the defendants is adulterated because the food has been held under insanitary conditions whereby it may have become contaminated with filth. The insanitary conditions and filth include the widespread presence of animals such as rodents, birds, cats, and dogs, as well as the animals’ feces and urine, throughout the facility, including on and around articles of food.

“It is unacceptable for any distributor to expose the food we eat to animals, animal waste, and other filth,” said United States Attorney Zane David Memeger. “The Department of Justice is committed to taking action against those who do not maintain and handle food in a clean environment.”

The United States seeks a permanent injunction to prevent defendants from further adulterating food, and to prevent defendants from further receiving, holding, and distributing food unless and until defendants bring their operations into compliance.

This case was investigated by the Food and Drug Administration. It is being handled by Assistant United States Attorney Stacey L. B. Smith, together with David Sullivan, Trial Attorney from the United States Department of Justice, Consumer Protection Branch. Assistance is being provided by Scott Kaplan, FDA Associate Chief Counsel.